Ethic and Diversity in Congress

Sistema Universitario Ana G. Méndez
Universidad del Este

PUAG 610
Workshop Five
Ethic and Diversity in Congress

Nelson Perdomo
Prof. Maritza Rossy

Ethics in the U.S. Congress is an example in the world. American Congressman must follow a very strict conduct code. The code of ethics requires an irreproachable conduct. The Congressman should not just be very ethical in their behavior but is constantly observed by Committee on Ethics of the United States House of Representatives (OCE). Consider the recent case of the Representative Bill Owens:
On August 30, 2012, the Office of Congressional Ethics transmitted a referral to the Committee on Ethics of the United States House of Representatives regarding Representative Bill Owens.
Representative Owens may have accepted payment of travel expenses for an officially connected trip to Taiwan from an impermissible source, resulting in an impermissible gift, in violation of federal law and House rules.
Representative Owens may have accepted payment of travel expenses for an officially connected trip to Taiwan, when that trip was in some part planned, organized, requested, or arranged by agents of a foreign principal, in violation of House rules.
OCE Recommendation
The Board of the OCE recommended that the Committee on Ethics further review the first allegation as there is substantial reason to believe that Representative Owens accepted payment of travel expenses for an officially connected trip to Taiwan from an impermissible source, resulting in an impermissible gift, in violation of federal law and House rules.
This case shows an example of how the representative is observed

The Committee
The U.S. House Committee on Ethics, created in 1967, is unique. The Committee is the only standing committee of the House whose membership is evenly divided between each political party. The Committee includes five members of each party. Also, unlike other committees, the day-to-day work of the Committee on Ethics is conducted by a staff that is nonpartisan by rule.
Under House rules, the Committee has the jurisdiction to administer travel, gift, financial disclosure, outside income, and other regulations; advise members and staff; issue advisory opinions and investigate potential ethics violations. Ethics rules and regulations have grown substantially since the 1960s.
Questions about ethical conduct and the enforcement of ethics rules have been around since the establishment of the first Congress. In 1798, Representative Matthew Lyon of Vermont spat on Representative Roger Griswold of Connecticut during a vote. The entire House heard evidence in the case of “disorderly behavior” and a motion to expel Lyon fell two votes short of the two-thirds majority needed.
The Constitution authorizes the House to discipline its members. However, the House had no uniform or consistent mechanism for self-discipline until the 1960s. Some allegations of misconduct were investigated in an ad hoc manner by special committees, and some issues went directly to the floor of the House.
Questions about official misconduct and the need for a source of reliable, accessible information led to the creation of the Committee on Standards of Official Conduct in 1967. At the start of the 112th Congress, in 2011, the name was changed to the Committee on Ethics.
Under House Rule X, the Committee is authorized to enforce standards of conduct for members, officers and employees; to investigate alleged violations of any law, rule or regulation; and to make recommendations to the House for further action. The Committee has sole jurisdiction over the interpretation of the Code of Official Conduct.
The House has added to or changed its rules of conduct several times. In 1977, the House adopted the first financial disclosure rules and limits on outside income, gifts, the franking privilege and foreign travel. Rules were also modified by the Ethics in Government Act of 1978 and the Ethics Reform Act of 1989, which included a ban on honoraria, among other statutory changes.

The Committee on Ethics is unique in the House of Representatives. Consistent with the duty to carry out its advisory and enforcement responsibilities in an impartial manner, the Committee is the only standing committee of the House of Representatives with its membership divided evenly by party. These rules are intended to provide a fair procedural framework for the conduct of the Committee’s activities and to help ensure that the Committee serves the people of the United States, the House of Representatives, and the Members, officers, and employees of the House of Representatives.

Congressman Official Code of Conduct
There is hereby established by and for the House of Representatives the following code of conduct, to be known as the "Code of Official Conduct":
1. A Member, officer, or employee of the House of Representatives shall conduct himself at all times in a manner which shall reflect creditably on the House of Representatives.
2. A Member, officer, or employee of the House of Representatives shall adhere to the spirit and the letter of the Rules of the House of Representatives and to the rules of duly constituted committees thereof.
3. A Member, officer, or employee of the House of Representatives shall receive no compensation nor shall he permit any compensation to accrue to his beneficial interest from any source, the receipt of which would occur by virtue of influence improperly exerted from his position in the Congress.
4. A Member, officer, or employee of the House of Representatives shall not accept gifts except as provided by the provisions of rule LI (Gift Rule).
5. A Member, officer, or employee of the House of Representatives shall accept no honorarium for a speech, writing for publication, or other similar activity.
6. A Member of the House of Representatives shall keep his campaign funds separate from his personal funds. A Member shall convert no campaign funds to personal use in excess of reimbursement for legitimate and verifiable campaign expenditures and shall expend no funds from his campaign account not attributable to bona fide campaign or political purposes.
7. A Member of the House of Representatives shall treat as campaign contributions all proceeds from testimonial dinners or other fund raising events.

Diversity in Congress
The 113th Congress is likely to become the most racially and ethnically diverse in the nation’s history, but the House of Representatives still is hardly reflective of the nation’s population mix.
In the just-ending 112th Congress, 83 of 435 House seats (excluding delegates) and four of 100 Senate positions are held by people of color. At 16 percent, those 87 members of Congress reflect a 4 percent increase since 2000.
The 2010 census reported the white, non-Hispanic population at 72 percent, down 3 percent from 2000.
While Tuesday’s elections may produce the most diverse Congress yet, perhaps the example of women’s gains in public service shows that it may be many years before the House reflects the nation.
The plight of women in Congress shows that balance is not easily attained in the corridors of political power, and it may be the same for Americans of color.
Beyond a short post-WWII reverse in trend since Montana’s Jeanette Rankin became the first woman elected to Congress in 1917, more women take office each year.
However, in a nation now nearly 51 percent female, only 15 percent of the Senate and 16.6 percent of the House is led by women.
Some voters may consider gender, age, and race when evaluating a person 's readiness to lead. But when it comes to mounting a race and winning a seat, history shows that the more determinative factors are schooling and money.

Diversity during the last 10 years
- 107th Congress (2001-2003): Six representatives were born in five countries: Cuba, Hungary, Japan, Netherlands, and Taiwan. No senators were born outside the U.S.
- 108th Congress (2003-2005) Eight representatives were born in seven countries: Cuba, Hungary, Japan, Mexico, Netherlands, Pakistan, and Taiwan.
- 109th Congress (2005-2007): Nine representatives and a senator were born in seven countries: Canada, Cuba, Hungary, Japan, Netherlands, Pakistan, and Taiwan.
- 110th Congress (2007-2009): Ten Representatives and a senator were born in seven countries Canada, Cuba, Japan, Mexico, Netherlands, Pakistan, and Taiwan.
- 111th Congress (2009-2011): Twelve representatives and a senator were born in nine countries: Canada, Cuba, Japan, Mexico, Netherlands, Pakistan, Peru, Taiwan, and Vietnam.
- 112th Congress (2011-2013): Eight representatives and a senator were born in seven countries: Canada, Cuba, India, Japan, Pakistan, Peru, and Taiwan. Several were born to American citizens working or serving abroad.

REFERENCES

- Jodi Brannon, 2012 “Congress Rise in Diversity” http://www.nationaljournal.com/thenextamerica/politics/congress-set-to-continue-rise-in-diversity-20121105 - Article about Ethic, 2012 http://ethics.house.gov/about/committee-rules - Code of Conduct, 2010 http://usgovinfo.about.com/blhousecode.htm

- Scott Bronstein, Joe Johns, and Rahel Solomon, CNN Special Investigations Unit January 3, 2013Congressional ethics investigators could soon be silenced
http://www.cnn.com/2012/12/29/politics/congressional-watchdog-group-threatened

References: - Jodi Brannon, 2012 “Congress Rise in Diversity” http://www.nationaljournal.com/thenextamerica/politics/congress-set-to-continue-rise-in-diversity-20121105 - Article about Ethic, 2012 http://ethics.house.gov/about/committee-rules - Code of Conduct, 2010 http://usgovinfo.about.com/blhousecode.htm - Scott Bronstein, Joe Johns, and Rahel Solomon, CNN Special Investigations Unit January 3, 2013Congressional ethics investigators could soon be silenced http://www.cnn.com/2012/12/29/politics/congressional-watchdog-group-threatened